CO129-569-12 Law Revision Ordinance 1937 24-12-1937 - 28-5-1938 — Page 29

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SHORT TITLE.

90

Schedule, contd.

AMENDMENT OR REPEAL.

SHORT TITLE.

23

-

Schedule,-contd.

AMENDMENT OR REPEAL.

57. The Piers Ordin-

ance, 1899,

(No. 11 of 1899.)

58. The Crown Lands

Resumption

Or-

dinance, 1900. (No. 10 of 1900.)

59. The Law Amend. ment Ordinance,

(No. 2 of 1901.)

1901.

60. The Code of Civil

Procedure, 1901. (No. 3 of 1901.)

in

(1) Section 2 (b) is amended by the repeal of the words" or military authorities the last line thereof and the substitution therefor of the words " military or air force authorities ".

}

(2) Section 3 (2) is amended by the repeal of the words by equal monthly instal- ments in the first and second lines thereof.

C

(8) Section 4 (2), as enacted by Ordinance No. 4 of 1924, is amended by the repeal of the words and figures that no such revised scale of rents shall be made to take effect before the 1st day of January, 1925, and in the seventh to tenth lines thereof.

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(4) Section 14 (2) is amended:-

(i) by the repeal of the word "order" in the second line thereof and the substitu- tion therefor of the word "determine";

(ii) by the repeal of the word "'ordered" in the sixth line thereof and the substitu- tion therefor of the word "specified".

(5) Section 16 is amended by the repeal of the words "failure to comply in the fourth line thereof and the substitution therefor of the words * non-compliance after such conviction ".

"

(1) Section 2 (d) (iii) is amended by the repeal of the words or military forces of the Crown, including the volunteer force " in the second line thereof and the sub- stitution therefor of the words " , military or air forces of the Crown, including the volunteer forces

(2) Section 11 (1) (b) is amended by the repeal of the words "or after the notice by the Colonial Secretary under section

5, as the case may be," in the fourth and fifth lines thereof.

Sections 13 and 14 are repealed and the following section is substituted as section

13:-

13. Subject to the express provisions Rules of of any enactment, in questions relating equity to

to the custody and education of infants prevail. and generally in all matters not parti- 15 & 16 cularly mentioned in this Ordinance, in Geo. 5, which there was formerly or is any conflict - 49, or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail."

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(1) Section 4 is amended by the repeal of the words and figures on the 31st day of December, 1911 in the third line thereof and the insertion immediately after the

"

5. 44.

60. The Code of Civil

Procedure, 1901. (No. 3 of 1901.), -contd.

word ** Practice "* in the second line thereof of the words "for the time being

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(2) Section 42A is amended by the repeal in the third line of paragraph (iv) thereof of the words verified by notarial certi- ficate ".

(3) Section 362 is repealed and the following

section substituted therefor :--

“362.—(1) All questions relating to Taxation fees and costs shall be determined by the of costs. Registrar on taxation in accordance with H. K. Code, the scale of court fees and costs of counsel 8. 94 (3). and solicitor for the time being in use in the court, subject to a review by the court by way of summary application in chambers.

(2) So far as such scale may be incom- plete, all questions relating to the amount and reasonableness of fees and costs shall be determined by the Registrar on taxa- tion, either with or without reference to the said scale, having regard to the skill, labour and responsibility involved, subject nevertheless to a review of such deter- mination by the court by way of summary application in chambers.

(3) The payment of the costs allowed on such taxation or review may be en- forced in the same manner as if the same had been fixed by any general rule or order of the court."

(3A) Section 412 is amended:-

(i) by the repeal of the words "By a subsequent order" in the first line of sub- section (2) thereof and by the substitution therefor of the words "By the same or any subsequent order''; and

(ii) by the addition of the following sub-section at the end thereof:-

"(3) At least three days before the day of hearing the order nisi shall be served on the garnishee and, unless otherwise ordered, on the judgment debtor or his solicitor, at least three days before the day of hearing."

(4) Section 594 is repealed.

(5) Section 626 is repealed.

(6) Sections 654 to 670 and the heading there- to, viz. "Advertisements for claimants and creditors", are repealed and the follow- ing heading and sections are substituted therefor :-

"Claims of creditors and other claimants.

654. Where a judgment or order is given Advertise- or made, whether in court or in chambers, ments. directing an account of debts, claims or 0. 55, r. 44.

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